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North Carolina - STATE LAWS

Workplace drug testing issues – State Laws – North Carolina

These categories do no effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in North Carolina

Instant or POCT Testing

Restrictions

Pre-employment testing only

Drug Panels

No Restrictions

Laboratory

Restrictions

Must be SAMHSA or CAP certified.

Medical Review Officer (MRO)

Not Required

Recommended to prevent exposure to liability and to have consistent reporting of drug testing results.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

Terminate employee for misconduct. See NC § 96-14.6. Disqualification for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes, available

Denial of workers comp claim based on §97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

Yes

Requires employers to report DOT positive drug and alcohol tests on NC CDL holders to the State using a standard “Positive Drug Test Report” form. Under the NC statute, the driver’s CDL is suspended until the driver or the employer provides proof of successful completion of the SAP assessment and treatment/rehabilitation process.

General Statute

Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law North Carolina

NC § 96-14.6. Disqualification for misconduct.

§97-12